OSCN Found Document:Convicted Felons and Delinquents
Title 21. Crimes and Punishments
CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
B. Any person who has previously been convicted of a nonviolent felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the provisions of the Oklahoma Self-Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun or toy rifle, while such person is subject to supervision, probation, parole or inmate status. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense.
E. It shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or any other dangerous or deadly firearm; provided, that nothing in this subsection applies to prohibit the transport or detention of the person by law enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisions of subsection A, C, or D of this section to possess or have control of any firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a Class B4 felony offense punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable as provided in Section 1284 of this title.
H. For purposes of this section, "sawed-off shotgun" or "sawed-off rifle" shall mean any shotgun or rifle which the barrel or barrels have been illegally shortened in length.
I. For purposes of this section, "altered toy pistol" shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
J. For purposes of this section, "altered air pistol" shall mean any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
K. For purposes of this section, "alternative court program" shall mean any drug court, Anna McBride or mental health court, DUI court or veterans court.
Historical Data
Laws 1959, SB 321, c. 53, § 1, emerg. eff. July 17, 1959; Amended by Laws 1961, HB 856, c. 53, § 1, emerg. eff. April 1, 1961; Amended by Laws 1981, SB 217, c. 155, § 1; Amended by Laws 1983, SB 276, c. 160, § 1, emerg. eff. June 2, 1983; Amended by Laws 1989, SB 14, c. 185, § 1, emerg. eff. May 8, 1989; Amended by Laws 1992, SB 843, c. 151, § 3, eff. September 1, 1992; Amended by Laws 1994, SB 969, c. 169, § 1; Amended by Laws 1994, HB 2640, c. 290, § 53, emerg. eff. July 1, 1994; Amended by Laws 1995, SB 3, c. 272, § 36, eff. September 1, 1995; Amended by Laws 1997, HB 1213, c. 133, § 327, eff. July 1, 1998 (superseded document available); Amended by Laws 1997, SB 628, c. 358, § 1 (effective date amended to July 1, 1999, by Laws 1998, 1st Extr. Sess., HB 1002, c. 2, §§ 23-26, emerg. eff. June 19, 1998); Amended by Laws 2002, SB 955, c. 136, § 1, emerg. eff. April 24, 2002 (superseded document available); Amended by Laws 2005, HB 1502, c. 190, § 2, eff. September 1, 2005 (superseded document available); Amended by Laws 2007, HB 1616, c. 62, § 2, emerg. eff. April 30, 2007 (superseded document available); Amended by Laws 2007, HB 1027, c. 162, § 1, eff. November 1, 2007 (superseded document available); Amended by Laws 2009, SB 730, c. 13, § 1, eff. November 1, 2009 (superseded document available); Amended by Laws 2012, SB 1733, c. 259, § 9, eff. November 1, 2012 (superseded document available); Amended by Laws 2014, HB 2840, c. 179, § 1, eff. November 1, 2014 (superseded document available); Amended by Laws 2019, HB 2597, c. 1, § 3, eff. November 1, 2019 (superseded document available); Amended by Laws 2022, SB 186, c. 299, § 1, eff. November 1, 2022 (superseded document available); Amended by Laws 2025, HB 2104, c. 486, § 130, eff. January 1, 2026 (superseded document available).
Citationizer® Summary of Documents Citing This Document
| Cite |
Name |
Level |
| | 2001 10CIR 418, | CRUDUP v. SCHULTE | Cited |
| Oklahoma Attorney General's Opinions |
| | Cite | Name | Level |
| | 1981 OK AG 263, | Question Submitted by: the Honorable Ronald Worthen, District Attorney, Carter County | Discussed at Length |
| | 1981 OK AG 283, | Question Submitted by: The Honorable Nelson "Freckles" Little, Oklahoma House of Representatives | Discussed at Length |
| | 1984 OK AG 101, | Question Submitted by: The Honorable Stratton Taylor, Oklahoma State Senate | Discussed at Length |
| | 1985 OK AG 26, | Question Submitted by: The Honorable Stratton Taylor, Oklahoma State Senate | Discussed at Length |
| | 1988 OK AG 80, | Question Submitted by: Don P. Holyfield, Director, Council on Law Enforcement Education and Training | Discussed at Length |
| Oklahoma Court of Criminal Appeals Cases |
| | Cite | Name | Level |
| | 1977 OK CR 48, 560 P.2d 226, | LEE v. STATE | Cited |
| | 1977 OK CR 92, 561 P.2d 123, | LAMB v. STATE | Cited |
| | 1977 OK CR 119, 565 P.2d 46, | WILLIAMS v. STATE | Discussed at Length |
| | 1988 OK CR 91, 755 P.2d 105, | HUNNICUTT v. STATE | Discussed |
| | 1988 OK CR 193, 762 P.2d 270, | SIMS v. STATE | Discussed at Length |
| | 1988 OK CR 270, 765 P.2d 1211, | COOPER v. STATE | Discussed at Length |
| | 1988 OK CR 290, 767 P.2d 60, | CRAWFORD v. STATE | Cited |
| | 1989 OK CR 28, 777 P.2d 1345, | GOURLEY v. STATE | Discussed at Length |
| | 1989 OK CR 42, 777 P.2d 1373, | COULTER v. STATE | Discussed |
| | 1989 OK CR 81, 806 P.2d 652, | SNYDER v. STATE | Discussed at Length |
| | 1990 OK CR 39, 794 P.2d 759, | WILLIAMS v. STATE | Discussed at Length |
| | 1977 OK CR 167, 563 P.2d 1189, | LOWERY v. STATE | Cited |
| | 1991 OK CR 16, 805 P.2d 687, | POSEY v. STATE | Cited |
| | 1991 OK CR 35, 821 P.2d 371, | ALLEN v. STATE | Cited |
| | 1992 OK CR 22, 829 P.2d 981, | FLOYD v. STATE | Discussed at Length |
| | 1992 OK CR 70, 841 P.2d 1156, | BLAKELY v. STATE | Cited |
| | 1993 OK CR 28, 855 P.2d 605, | PEBWORTH v. STATE | Cited |
| | 1993 OK CR 38, 866 P.2d 1213, | CHAPPLE v. STATE | Cited |
| | 1993 OK CR 59, 867 P.2d 1309, | PAXTON v. STATE | Discussed at Length |
| | 1994 OK CR 13, 871 P.2d 79, | ALLEN v. STATE | Discussed at Length |
| | 1994 OK CR 74, 885 P.2d 678, | PICKENS v. STATE | Cited |
| | 1995 OK CR 72, 909 P.2d 74, | CHENEY v. STATE | Cited |
| | 1995 OK CR 77, 909 P.2d 806, | CARGLE v. STATE | Discussed |
| | 1977 OK CR 260, 568 P.2d 1294, | McCOY v. STATE | Cited |
| | 1977 OK CR 314, 572 P.2d 257, | WILLIAMS v. STATE | Cited |
| | 1978 OK CR 92, 584 P.2d 224, | JONES v. STATE | Cited |
| | 1979 OK CR 46, 595 P.2d 801, | BURNS v. STATE | Cited |
| | 1979 OK CR 54, 596 P.2d 893, | STATE v. MAYNARD | Cited |
| | 1979 OK CR 88, 599 P.2d 1107, | DEGRAFFENREID v. STATE | Cited |
| | 2001 OK CR 3, 19 P.3d 866, 72 OBJ 388, | PICKENS v. STATE | Cited |
| | 1974 OK CR 203, 528 P.2d 714, | BURROUGHS v. STATE | Cited |
| | 2002 OK CR 21, 46 P.3d 713, | PEACOCK v. STATE | Cited |
| | 1975 OK CR 42, 532 P.2d 851, | PRICE v. STATE | Discussed |
| | 2006 OK CR 26, 147 P.3d 1145, | IN RE: ADOPTION OF THE 2006 REVISIONS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS | Cited |
| | 2007 OK CR 30, 166 P.3d 495, | ANDREWS v. STATE | Cited |
| | 2008 OK CR 20, 188 P.3d 196, | PLATT v. STATE | Discussed at Length |
| | 2008 OK CR 27, 194 P.3d 133, | WATTS v. STATE | Discussed at Length |
| | 2008 OK CR 28, 197 P.3d 1094, | WATTS v. STATE | Cited |
| | 2010 OK CR 9, 234 P.3d 111, | WATSON v. STATE | Cited |
| | 2011 OK CR 3, 253 P.3d 969, | GRISSOM v. STATE | Cited |
| | 2011 OK CR 29, 268 P.3d 86, | DAVIS v. STATE | Cited |
| | 2012 OK CR 1, 271 P.3d 67, | MATHIS v. STATE | Cited |
| | 2012 OK CR 4, | DAVIS v. STATE | Discussed |
| | 2012 OK CR 9, 280 P.3d 337, | BUSH v. STATE | Cited |
| | 2012 OK CR 16, 292 P.3d 512, | WOLF v. STATE | Discussed |
| | 2013 OK CR 16, 313 P.3d 263, | STATE v. SALATHIEL | Cited |
| | 2014 OK CR 4, 328 P.3d 1208, | STATE v. FARTHING | Discussed at Length |
| | 2014 OK CR 12, 334 P.3d 941, | STATE v. THOMAS | Cited |
| | 2018 OK CR 14, 422 P.3d 782, | LEE v. STATE | Cited |
| | 2018 OK CR 32, 429 P.3d 690, | THOMPSON v. STATE | Cited |
| | 2018 OK CR 35, 434 P.3d 1, | DUNN v. STATE | Cited |
| | 2018 OK CR 39, 434 P.3d 318, | VANDERPOOL v. STATE | Cited |
| | 2019 OK CR 2, 437 P.3d 1061, | WHITE v. STATE | Cited |
| | 2019 OK CR 16, 447 P.3d 481, | STATE v. COUSAN | Cited |
| | 2019 OK CR 19, 449 P.3d 860, | ALEXANDER v. STATE | Cited |
| | 2020 OK CR 7, 470 P.3d 296, | FRAZIER v. STATE | Cited |
| | 2020 OK CR 4, 470 P.3d 306, | FUSTON v. STATE | Cited |
| | 2021 OK CR 1, 481 P.3d 1267, | BRINK v. STATE | Discussed at Length |
| | 2021 OK CR 4, 500 P.3d 629, | HOGNER v. STATE | Cited |
| | 2021 OK CR 22, 498 P.3d 779, | STATE v. LEWIS | Cited |
| | 2022 OK CR 17, 516 P.3d 686, | STATE v. BREZNAI | Cited |
| | 2023 OK CR 9, 530 P.3d 472, | ARCE v. STATE | Cited |
| | 2023 OK CR 14, 534 P.3d 715, | CORNELIUS II v. STATE | Discussed at Length |
| | 2023 OK CR 22, 541 P.3d 852, | WASHINGTON v. STATE | Cited |
| | 2024 OK CR 11, 548 P.3d 473, | JACKSON v. STATE | Cited |
| | 2024 OK CR 24, 556 P.3d 1035, | IRWIN v. STATE | Cited |
| | 2024 OK CR 25, 556 P.3d 633, | BARKUS v. STATE | Cited |
| | 2024 OK CR 30, 559 P.3d 377, | MARTIN v. STATE | Cited |
| | 2025 OK CR 2, 564 P.3d 103, | STATE v. DIAZ | Discussed at Length |
| | 1980 OK CR 86, 620 P.2d 408, | STATE v. HUMPHREY | Discussed at Length |
| | 1962 OK CR 58, 372 P.2d 45, | RENFRO v. STATE | Discussed at Length |
| | 1962 OK CR 155, 377 P.2d 226, | DAVIS v. STATE | Discussed |
| | 2025 OK CR 12, | BROADSTONE v. STATE | Cited |
| | 1963 OK CR 52, 381 P.2d 892, | ANDERSON v. STATE | Discussed |
| | 1969 OK CR 159, 456 P.2d 604, | BROWN v. STATE | Cited |
| | 1982 OK CR 154, 651 P.2d 1067, | SMITH v. STATE | Cited |
| | 1969 OK CR 237, 461 P.2d 973, | JOHNSON v. STATE | Cited |
| | 1970 OK CR 3, 465 P.2d 480, | ROARK v. STATE | Discussed at Length |
| | 1970 OK CR 193, 478 P.2d 903, | BAEZA v. STATE | Cited |
| | 1970 OK CR 194, 478 P.2d 905, | McCOIN v. STATE | Cited |
| | 1970 OK CR 197, 478 P.2d 357, | RIDDLE v. STATE | Cited |
| | 1971 OK CR 44, 481 P.2d 180, | WASHINGTON v. STATE | Cited |
| | 1975 OK CR 205, 541 P.2d 1343, | LANCASTER v. STATE | Cited |
| | 1971 OK CR 328, 488 P.2d 944, | THOMPSON v. STATE | Discussed at Length |
| | 1971 OK CR 461, 490 P.2d 1134, | SWANSON v. STATE | Cited |
| | 1972 OK CR 218, 500 P.2d 1342, | TRUSTY v. STATE | Cited |
| | 1972 OK CR 278, 502 P.2d 351, | ROBERSON v. STATE | Discussed at Length |
| | 1972 OK CR 345, 504 P.2d 440, | KELLOGG v. STATE | Discussed |
| | 1972 OK CR 353, 506 P.2d 558, | COLEMAN v. STATE | Cited |
| | 1975 OK CR 213, 542 P.2d 522, | PROCK v. STATE | Discussed |
| | 1997 OK CR 45, 947 P.2d 180, | Toles v. State | Cited |
| | 1997 OK CR 63, 947 P.2d 584, 68 OBJ 3649, | Cargle v. State | Cited |
| | 1998 OK CR 50, 966 P.2d 799, 69 OBJ 3115, | Ruth v. State | Discussed at Length |
| | 1984 OK CR 19, 675 P.2d 1016, | THOMAS v. STATE | Cited |
| | 1984 OK CR 74, 684 P.2d 1202, | HINES v. STATE | Discussed |
| | 1973 OK CR 163, 509 P.2d 165, | FIELDS v. STATE | Discussed |
| | 1973 OK CR 342, 513 P.2d 324, | MARR v. STATE | Discussed at Length |
| | 1985 OK CR 13, 695 P.2d 12, | FENTER v. STATE | Discussed |
| | 1974 OK CR 1, 517 P.2d 1138, | RODGERS v. STATE | Cited |
| | 1974 OK CR 28, 520 P.2d 373, | BELK v. STATE | Cited |
| | 1985 OK CR 58, 733 P.2d 880, | MILLS v. STATE | Cited |
| | 1987 OK CR 49, 734 P.2d 820, | GARCIA v. STATE | Cited |
| | 1987 OK CR 136, 738 P.2d 1370, | KERR v. STATE | Cited |
| | 1987 OK CR 159, 739 P.2d 1022, | BYNUM v. STATE | Cited |
| | 1976 OK CR 101, 549 P.2d 377, | MEEKS v. STATE | Cited |
| Oklahoma Supreme Court Cases |
| | Cite | Name | Level |
| | 2014 OK 24, 326 P.3d 521, | HEMPHILL v. HARBUCK | Cited |
| Oklahoma Jury Instructions- Criminal |
| | Cite | Name | Level |
| | | Unlawful Possession of a Firearm - Elements | Cited |
| | | Possessing a Firearm After a Felony Conviction - Elements | Cited |
| Oklahoma Session Laws - 2002 |
| | Cite | Name | Level |
| | 2002 O.S.L. 136, 2002 O.S.L. 136, | Firearms; prohibiting youthful offenders from possessing firearms. Emergency. | Discussed |
| Title 21. Crimes and Punishments |
| | Cite | Name | Level |
| | 21 O.S. 20I, | Class B4 Criminal Offenses - Punishment | Cited |
| | 21 O.S. 856, | Delinquent Minor - Contributing to Delinquency | Cited |
| | 21 O.S. 1273, | Allowing Minors to Possess Firearms | Cited |
| | 21 O.S. 1284, | Penalty for 1283 | Cited |
| | 21 O.S. 1290.10, | Mandatory Preclusions | Discussed at Length |
Citationizer: Table of Authority
| Cite |
Name |
Level |
| Oklahoma Session Laws - 2025 |
| | Cite | Name | Level |
| | 2025 O.S.L. 486, 2025 O.S.L. 486, | [HB 2104] - Classification of felony offenses | Cited |
| Title 21. Crimes and Punishments |
| | Cite | Name | Level |
| | 21 O.S. 1283, | Persons Convicted of a Felony Prohibited from Carrying Firearms | Cited |
| | 21 O.S. 1283, | Persons Convicted of a Felony Prohibited from Carrying Firearms | Cited |
| | 21 O.S. 1283, | Persons Convicted of a Felony Prohibited from Carrying Firearms | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents | Cited |
| | 21 O.S. 1283, | Persons Convicted of a Felony Prohibited from Carrying Firearms | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents Prohibited From Possessing Firearms - Restoration of Rights - Penalties for Violations | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents | Cited |
| | 21 O.S. 1283, | Convicted Felons and Delinquents | Cited |
| | 21 O.S. 1284, | Penalty for 1283 | Cited |
| Title 70. Schools |
| | Cite | Name | Level |
| | 70 O.S. 3311, | Council on Law Enforcement Education and Training | Cited |
Oklahoma Statutes Citationized
Section 1283 - Convicted Felons and Delinquents